Family Law Amendment Rules 2012 (No. 1)1
Select Legislative Instrument 2012 No. 95
We, Judges within the meaning of the Family Law Act 1975, make the following Rules of Court under that Act.
Dated 28 May 2012
D BRYANT CJ
J FAULKS DCJ
I COLEMAN J
M MAY J
A AINSLIE-WALLACE J
G BELL J
D COLLIER J
J STEVENSON J
M LE POER TRENCH J
P YOUNG J
E O’REILLY J
G WATTS J
R BENJAMIN J
J RYAN J
P CRONIN J
P MURPHY J
S FOWLER J
S AUSTIN J
M CLEARY J
W JOHNSTON J
I LOUGHNAN J
C FORREST J
M KENT J
A REES J
K MCMILLAN J
 
Judges of the Family Court
Of Australia
ANGELA FILIPPELLO
Principal Registrar
Family Court of Australia
C MARTIN J
J CRISFORD J
S MONCRIEFF J
 
 
 
 
 
 
Judges of the Family Court
of Western Australia
DAVID MONAGHAN
Principal Registrar
Family Court of Western Australia
1              Name of Rules
                These Rules are the Family Law Amendment Rules 2012 (No. 1).
2              Commencement
                These Rules commence on 7 June 2012.
3              Amendment of Family Law Rules 2004
                Schedule 1 amends the Family Law Rules 2004.
Schedule 1        Amendments
(section 3)
 
[1]           Rule 1.19
substitute
1.19        Prohibition on recording
         (1)   A person must not photograph or record by electronic or mechanical means:
                (a)    a hearing or part of a hearing:
               (b)    a trial or part of a trial;
                (c)    a conference under the Act, these Rules or an order of a court;
               (d)    an attendance with a family consultant;
                (e)    an attendance with a single expert under these Rules;
                (f)    a conference of experts ordered by a court; or
               (g)    a person who is in court premises.
Note   Section 121 of the Act restricts publication of information relating to cases.
         (2)   Subrule (1) does not apply to a photograph or recording made at the request of:
                (a)    a court;
               (b)    in relation to an attendance with a family consultant—the family consultant;
                (c)    in relation to an attendance with an expert witness—the expert; or
               (d)    in relation to a conference of experts—the experts.
         (3)   A person commits an offence if the person contravenes subrule (1).
Penalty:   50 penalty units.
[2]           Rule 2.04, definition of allegation of abuse or family violence
omit
[3]           Rule 2.04, after definition of Part VII order
insert
Registry Manager has the same meaning as in section 67Z of the Act.
[4]           Rules 2.04B and 2.04C
omit
[5]           Rule 2.04D
substitute
2.04D     Prescribed form
         (1)   A Notice of Child Abuse or Family Violence (Form 4) is the prescribed form for a notice mentioned in subsections 67Z (2) and 67ZBA (2) of the Act.
         (2)   A person who files a Form 4 must file an affidavit or affidavits setting out the evidence on which the allegations in the Form 4 are based, no later than the time the Form 4 is filed.
Note   For service of a notice filed in a case to which section 67Z or 67ZBA of the Act applies, subsections 67Z (2) and 67ZBA (2), respectively, require that a person that is the subject of the allegation in the notice must be served with a copy of the notice. The requirements for service of filed documents are set out in rule 7.04.
2.04E      Notice of family violence in existing cases
         (1)   This rule applies if, in a case to which this Division applies:
                (a)    proceedings were instituted before 7 June 2012; and
               (b)    a party to the proceedings alleges that:
                          (i)    there has been family violence by one of the parties to the proceedings; or
                         (ii)    there is a risk of family violence by one of the parties to the proceedings; and
                (c)    the party making the allegation did not file a Notice of Child Abuse or Family Violence (Form 4) before 7 June 2012.
         (2)   The party making the allegation must file a Form 4 in the court hearing the proceedings, and serve a true copy of the notice on the party referred to in subparagraph (1) (b) (i) or (ii).
         (3)   If a Form 4 is filed in accordance with subrule (2), the court must treat the allegation as if it were an allegation to which section 67ZBB of the Act applied.
         (4)   If the alleged family violence (or risk of family violence) is abuse of a child (or a risk of abuse of a child), the Registry Manager must, as soon as practicable, notify a prescribed child welfare authority.
[6]           Subrule 2.05 (1)
omit
the parties or a child of the parties:
insert
the child or a member of the child’s family:
[7]           Rule 10.15A
substitute
10.15A   Consent parenting orders and allegations of abuse or family violence
         (1)   This rule applies if an application is made to the court in a current case for a parenting order by consent.
         (2)   If an application is made orally during a hearing or trial, each party, or if represented by a lawyer, the party’s lawyer:
                (a)    must advise the court whether the party considers that the child concerned has been, or is at risk of being, subjected to or exposed to abuse, neglect or family violence;
               (b)    must advise the court whether the party considers that he or she, or another party to the proceedings, has been or is at risk of being subjected to family violence; and
                (c)    if allegations of abuse or family violence have been made—must explain to the court how the order attempts to deal with the allegations.
         (3)   For any other application each party, or if represented by a lawyer, the party’s lawyer:
                (a)    must certify in an annexure to the draft consent order whether the party considers that the child concerned has been, or is at risk of being, subjected to or exposed to abuse, neglect or family violence;
               (b)    must certify in the annexure whether the party considers that he or she, or another party to the proceedings, has been or is at risk of being subjected to family violence; and
                (c)    if allegations of abuse or family violence have been made—must explain in the annexure how the order attempts to deal with the allegations.
[8]           Rule 15.11
omit
[9]           Paragraph 15.12 (1) (a)
omit
(2) and (5),
insert
(2), (5) and (7),
[10]         After subrule 15.12 (6)
insert
         (7)   If an affidavit is filed electronically and the document or documents to be used in conjunction with the affidavit consist, in total, of more than 50 pages:
                (a)    each document must be filed as an exhibit to the affidavit;
               (b)    each document must be served at the same time as the hard copy of the affidavit; and
                (c)    a hard copy of each exhibit must be filed with the court at least 48 hours before the court event in which the affidavit is to be relied on.
[11]         Rule 15.26
omit
If
insert
         (1)   If
[12]         Rule 15.26, after the note
insert
         (2)   The court may compel a person to produce a document to the court for the purpose of ruling on an objection to the production of the document under a subpoena for production.
[13]         Rule 15.33
omit
[14]         Table 18.4, item 16C
omit
[15]         Table 18.4, after item 18A
insert
18B
paragraphs 67ZBB (2) (a), (b) and (c) (procedural orders only)
[16]         Dictionary, definition of family violence
substitute
family violence has the meaning given by subsection 4AB (1) of the Act.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.